Sheesh.
I know I'm always preaching to employers about how not to be jerks and how to treat employees legally and fairly. But not everything is the employer's fault. How would you like to have these people working for you?...more
Workplace romance in the #MeToo era is so complicated.
NOTE FROM ROBIN: Dear Readers: In honor of Valentine's Day (this coming Wednesday), I am pleased to welcome a guest advice columnist, Dr. Loveless, who will answer all...more
After all, Fiscal Year 2017 ended just about the time that #MeToo began.
Last week, the Equal Employment Opportunity Commissions released its charge statistics for Fiscal Year 2017, which ran from October 1, 2016 through...more
Once again, I wallow in the mud so you won't have to.
Only two weeks ago, I posted about non-disclosure agreements ("NDAs") in sexual harassment settlements, and how confidentiality often benefits the victims....more
Just say no!
Of course, the Aziz Ansari "date debacle" (or whatever it was) was not a workplace harassment situation. First, Mr. Ansari and his anonymous date were not co-workers. Second, Mr. Ansari may have been "forward,"...more
The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps.
One of the most talked-about proposals put forth since the recent sexual...more
My apologies to Clement Clarke Moore. Happy holidays!
‘Twas the holiday party, a break from the drudge,
Not a creature was sober, not even a judge;
The bar was well-tended, with liquor and wine,
And all the employees felt...more
This bustin' on HR is gettin' me down, You got to quit kickin' HR around.
Human Resources professionals seem to be everybody's favorite scapegoat.
The profession is under attack yet again -- this time for apparently failing...more
On Wednesday, Sens. Kirsten Gillebrand (D-NY) and Lindsey Graham (R-SC) introduced the Ending Forced Arbitration of Sexual Harassment Act. The legislation has bipartisan support, although it's not clear yet how much.
...more
A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment.
Two law professors co-wrote an article that appeared in yesterday's New York Times with the headline, "Boss Grab Your Breasts?...more
Harvey Weinstein. Kevin Spacey. Charlie Rose. Louis C.K. Roy Moore. Al Franken. John Conyers. The list grows daily. Women and men are coming forward with allegations of sexual harassment and abuse, and some of the allegations...more
What are you grateful for this year? Here is my list.-
1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last legs....more
So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape.
An article in last Friday's New York Times indicated that in light of the ever-growing number...more
According to a Wall Street Journal/NBC News poll published this week, 48 percent of working women believed they had been victims of sexual harassment in the workplace.
My reaction was, “Only 48 percent?”
I would have...more
Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around.
Which, among other things, should include trying to make some form of restitution to his alleged victims. (None...more
Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal.
In Chapter 2 of our...more
Employers, has this ever happened to you?
A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays...more
Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.”
But most...more
What makes a workplace investigation so good that you just can’t wait to show the EEOC investigator what you did? And you’re like, “Plaintiff’s lawyer, take us to court — please!”...more
The next time employers offer sexual harassment training, they might want to require employees to bring their mobile devices.
According to Leah Fessler, virtual assistants Siri (Apple), Alexa (Amazon), Cortana (Microsoft),...more
This time of year, I am a total bleeding heart.
Unlike most of my fellow employment law bloggers, I love Valentine’s Day, and I don’t have much of a problem with consensual workplace relationships between unmarried people....more
How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do?
This is my third and final installment on the proposed...more
Last week, I shared with you what I didn’t like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment.
Well, this is warm-and-fuzzy week. Moving on to the parts of...more
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from...more
This just in, via Law360: Fox News has settled Gretchen Carlson’s sexual harassment lawsuit against former CEO Roger Ailes for a (reported) whopping $20 million. That’s less than the reported $60 million contract buyout of...more